YOUR MAJESTY, THE HEAD OF THE CHURCH OF ENGLAND Macario Olivera Villacampa University College Huesca - University of Zaragoza The inmediate occasion of the Anglican quarrel was an attempt to annul the royal marriage. So long as marriage remained a sacrament of the Church, and so long as the authority of the Church was not rejected, ecclesiastical jurisdiction at this point could not be denied. Apparently the problem of Henry VIII was not as much passion as succession, although it is difficult to judge the influence of these two factors on his historical decision.He fell in love with Anne Boleyn, a lady of the Court who possessed not only considerable personal charm but a number of intriguing ambitious relatives. On the other hand, Catherine, his wife, was ageing before her time; she was forty, but too bleak to content the bounding energy of the King, who was seven years younger. He could have satisfied his physical desires with a mistress; in fact, he had already had an illegitimate son and had been living with Anne Boleyn for several months, to the extent of her being pregnant before marriage. But the unlawful situation would be embarrassing and of no use as far as the succession was concerned. For it was a very religious age, and nobody was so devout as the King or so punctilious in the performance of his religious duties. Having a mistress was not exactly a religious duty; but his conscience was elastic enough, his power of self-justification was superb and could easily be found to support his own interest even when pretending to observe a religious commandment. Divorce in the proper sense of the term was inadmissible, and so was an illegitimate son as heir to the throne. Five of Catherine’s children had arrived stillborn or had died within a few months. The only survivor was princess Mary, and, therefore, the only legitimate heiress, as it was becoming obvious that the chances of a male heir were very slight in the circumstances. Proceedings of the II Conference of SEDERI: 1992: 207-215 Your Majesty, the Head of the Church of England Princess Mary was regarded as no solution by an England whose only previous queen had occasioned wars of succession among other calamities. Henry was in love with Anne, and the new marriage could be the solution of all the anxieties about the succession. As divorce was unthinkable, the only way left was a papal indult declaring the previous marriage null and void, and Henry would be at liberty to marry Anne and, hopefully, give an heir to England. We should always bear in mind that, in a religious society, where there is no independent law regulating marriage as a civil institution, every marriage falls under ecclesiastical laws, and, therefore, there is an essential distinction to be made between divorce and annulment. The former presupposes the existence of a real bond, which is now broken, and this procedure is strictly forbidden by virtue of its indissoluble property. The latter declares that, because of the presence of a serious impediment (and there are different kinds of impediments), the bond never existed, and, therefore, there is no such a thing as husband and wife, but two single people who may get married to the one they choose. It was a question of discovering an impediment that invalidated the marriage from the outset. And that is where the whole process started. Catherine had previously been the wife of Henry’s elder brother Arthur, who had died in 1502. Henry would not, in the normal course of events, have been allowed to marry his deceased brother’s wife, as there was the so called impediment of “affinity”, which runs parallel to that of “consanguinity”, embodying thus all those who have been married to brothers or sisters and relatives within the prohibited degrees. On such a union, the book of Leviticus pronounces a curse: “if a man shall take his brother’s wife it is an unclean thing: he hath uncovered his brother’s nakedness; they shall be childless”.1 The impediment had been recognized at the time of the union of Henry and Catherine, as it was, and it is, contemplated in the Canon Law, but a papal dispensation was secured to cover the impediment. It was Pope Julius II who was persuaded to grant a special dispensation. Then disaster succeeded disaster, and the king was not the only one who began to wonder whether the whole thing had been a mistake. And 1 Lev. 20, 21. 220 Macario Olivera Villacampa there arose two main question marks: Had the Pope any power to override the laws of God? Had not the sequel of heirlessness demonstrated that the Pope had overstepped himsel in setting aside the curse of God? In any case, the way out could be this: Let the present Pope, Clement VII, reverse his predecessor by setting aside the dispensation and declaring the marriage invalid from the outset. In normal circumstances this could have been done. Nullity decrees for distinguished and powerful people were often granted by the Pope, and Henry, apart from being distinguished and powerful, had a strong case. But two major difficulties presented themselves: a Pope could not declare that the act of a predecessor was invalid without thereby enfeebling his own authority; and the armies of the Emperor Charles V, who was nephew to Catherine of Aragón, sacked Rome (1527) and captured the Pope; obviously, Clement VII could not gratify Henry VIII by offending Charles V.1 Henry set to work by a series of calculated tactics. He knew that he would not meet with any serious popular opposition as long as he toppled merely the papal tiara and not the established dogma, for the England of that day was marked by a coincidence of personal piety and anti- clericalism; there were no heretical tendencies, but resentment against clericalism and papalism. Henry, himself, had helped to create that popular opinion by loading Thomas Wolsey with preferment. Wolsey became rapidly Lord Chancellor, Archbishop of York and a Cardinal; further more, he was created “legatus a latere”, in order that he might override the whole bench of English bishops. The immense power of Wolsey had two main effects, which were both lessons nos lost in the mind of the king: it showed how the control of the State and the Church in a country could be in the hands of one man, and also it fostered anti-papalism and anti-clericalism. But on the grounds of doctrine, the king, as well as Wolsey were very much for Rome and against Lutheran teachings, which were coming across the North Sea from Germany and were being discussed at Cambridge. This firm stand earned for him the title of “Defender of the Faith”, which the English sovereign still bears.2 1 Moorman, J. R. H. (1980): A History of the Church of England. A. and C. Black, London, 1980: 164, 165. Also: Chadwick, O. (1986): The Reformation. Penguin, Harmondsworth, 1986: 99. 2 Moorman, J. R. H., op. cit., pp. 162, 163. 221 Your Majesty, the Head of the Church of England Henry understood the discipline of the Church was much another thing, and so he ordered Wolsey to make arrangements for the annulment of his marriage. The Pope played for time; he commissioned Cardinals Wolsey and Campeggio to try the case and ordered them to go as slowly as possible. Time might cast light on the matter: political fortunes might change, Henry might tire of Anne, even a bigamy might be thinkable. Campeggio proposed to Catherine that she should take the veil, but she refused to, (vows set husband or wife free to get married again), and the proposal still worsened the matter as Catherine declared then that her marriage with Arthur had never been consummated and that, therefore, no impediment would ever have existed provided that “dispensatio super ratum et non consummatum” had been granted. Henry could not afford to waste his time and was now desperate. He decided to get rid of Wolsey, whom he now regarded as a block to all progress. And then he undertook to have in readiness an ecclesiastical machinery with which to supplement Rome when the foreseen breach came. The Archbishop of Canterbury was the appropriate person to serve as the primate of an English National Church. The choice fell on Thomas Cranmer, who had suggested that in the matter of the divorce, not the canon lawyers, but the universities should be invited to render judgment, and he, himself, favoured annulment. At the same time, Wolsey’s place in the king’s council was taken by Thomas Cromwell. Then several steps followed, in form of statutes, acts, or decrees, to set up the Church of England. First of all, he started dealing with the clergy and accused them of violating the statute of “Praemunire”, (almost two hundred years old), which was a privilege of restriction in law upon papal intervention in the English Church; but they had administered Roman Canon Law in their Parishes and had accepted Wolsey as papal legate. They would be forgiven provided they paid a sum of money and recognized the king as the Head of the Church, special protector, supreme Lord, and, as far as the law or Christ allows, even Supreme Head. The formula “as far as the Law of Christ allows” could cover some limitation, but only for a short time.1 Henry had done very well: he had made the clergy responsible for a kind of crime and had pesuaded them to accept the Crown as an essential part of the English 1 Chadwick, O., op.